376.800 Special
fund for payment of damages and expenses; use of surplus

376.805 Payment
of damages and other expenses from sources other than assessments and bonds

376.810 Ordinance
establishing mall; contents

376.815 Adoption
of ordinance; payment of claims, damages and compensation

376.820 Jurisdiction
over mall; abandonment or modification

376.825 Improvements
on mall; payment of costs

PENALTIES

376.990 Penalties

GENERAL
PROVISIONS

376.005
“County court” defined. As used in this chapter, unless the context requires
otherwise, “county court” means the governing body of the county, whether it is
a county court or board of county commissioners.

376.105 [Repealed by 1979
c.862 §12]

376.110 [Repealed by 1979
c.862 §12]

376.115 [Repealed by 1979
c.862 §12]

376.120 [Repealed by 1979
c.862 §12]

376.125 [Repealed by 1979
c.862 §12]

376.130 [Repealed by 1979
c.862 §12]

376.135 [Repealed by 1979
c.862 §12]

376.140 [Repealed by 1971
c.743 §432]

376.145 [Repealed by 1979
c.862 §12]

STATUTORY
WAYS OF NECESSITY

376.150
Definitions for ORS 376.150 to 376.200. As used in ORS 376.150 to 376.200:

(1)
“Public road” means the entire right of way of any road over which the public
has the right of use or any right of way held by the state or a political
subdivision of the state for road purposes that is not open for public use.

(2)
“Way of necessity” means:

(a)
A road established under ORS 376.150 to 376.200 to provide motor vehicle access
from a public road to land that would otherwise have no motor vehicle access;

(b)
A route established under ORS 376.150 to 376.200 to provide utility service
access from an existing service location to a service point that would
otherwise have no utility service access; or

(c)
A route established under ORS 376.150 to 376.200 to provide a continuation of
preexisting sewer service to land that has access to a public road. [1979 c.862
§1; 1989 c.674 §1; 2009 c.318 §1]

376.155
Petition to establish way of necessity; contents; requirements. (1) To establish
a way of necessity under ORS 376.150 to 376.200, a landowner shall file a
petition with the governing body of the county in which the land is located.

(2)
A petition filed under this section shall contain a drawing and a narrative
statement that contain all of the following information:

(a)
The location and legal description of the property to be served by the proposed
way of necessity.

(b)
The location of all public roads located in the vicinity of the property to be
served by the proposed way of necessity that are capable of being used to
provide access to the property. The petition shall include the location of
public roads that are not open for public use.

(c)
A specific proposed location for the proposed way of necessity.

(d)
Evidence showing the necessity for the establishment of a way of necessity.

(e)
Evidence that either:

(A)
The proposed way of necessity does not connect to a public road that has access
rights acquired and limited by the state or county; or

(B)
If the public road proposed for access by way of necessity has the limited
access rights, the state or county is willing to grant permission to connect
the proposed way of necessity to the public road.

(f)
Evidence that the proposed way of necessity may be connected to the public road
safely.

(g)
Evidence that the specific location proposed for the way of necessity is the
nearest practicable point for connection to a way of necessity to a public
road.

(h)
The names and addresses of the persons owning the land across which the way of
necessity could be located.

(i)
The petitioner’s proposal for the amount of compensation to persons owning land
across which the way of necessity is proposed to be located.

(j)
Evidence that the petitioner does not have an existing easement or right to an
easement to provide access to a public road.

(k)
Evidence that the petitioner does not have any enforceable access to a public
road.

(L)
If the petition is to establish a way of necessity described in ORS 376.150
(2)(c), evidence that:

(A)
A publicly owned sewer line does not exist in the portion of any public road
adjacent to the land; and

(B)
The land is located in a jurisdiction that has adopted and implemented a public
sewer extension program designed to make public sewers available to land
lacking access to a public sewer line in the portion of a public road adjacent
to the land. [1979 c.862 §2; 1991 c.936 §2; 2009 c.318 §2]

376.157
Continuation of preexisting sewer service. (1) A way of necessity that
provides a continuation of preexisting sewer service to land that has access to
a public road:

(a)
Terminates six months after a local government, as defined in ORS 174.116,
having jurisdiction over the affected land issues a notice to affected property
owners declaring the completion of a public sewer line that provides direct
access to the land.

(b)
May not be approved in circumstances where the abandonment of an existing
private sewer line connection is necessitated by permitted development or
redevelopment.

(2)
Compensation paid by the owner of the benefited land to the owner of the land
burdened by the way of necessity must reflect the temporary duration of ways of
necessity approved under ORS 376.175. [2009 c.318 §4]

376.160
Notice to landowners; investigation of proposed way; report to county governing
body.
(1) Upon receipt of a petition for a way of necessity filed under ORS 376.155,
a county governing body shall:

(a)
Provide for service of the petition on all persons owning land across which the
way of necessity could be located; and

(b)
Direct the county engineer, county surveyor or other persons appointed by the
governing body to investigate the proposed way of necessity and to submit a
written report to the county governing body.

(2)
The report under subsection (1) of this section shall include:

(a)
Possible alternate routes for ways of necessity to the property;

(b)
A determination of whether the proposed way of necessity meets the requirements
under ORS 376.150 to 376.200;

(c)
The reasonableness of the way of necessity proposed in the petition; and

(d)
A recommendation for a specific location and width for a way of necessity.

(3)
Upon receipt of the report under subsection (2) of this section, the county
governing body shall:

(a)
Provide a copy of the report to the petitioner; and

(b)
Serve a copy of the petition and report on all persons owning land across which
the way of necessity is proposed to be located under the report or the
petition.

(4)
Service of the petition and report under this section shall be accomplished in
the manner provided for service of summons in an action at law. If the report
includes a recommendation for a route different than the route proposed in the
petition, service on the affected parties shall include a copy of the petition.
[1979 c.862 §3]

376.165
Deposit to cover county expenses. Upon receipt of a petition for a way of
necessity filed under ORS 376.155, a county governing body may require the
petitioner to deposit with the county an amount of money or other security to
use for payment of county expenses incurred in the procedure for establishing
the way of necessity or to assure that the expenses will be paid. If a deposit
of money is required by the governing body, the deposit may be used to pay
expenses and shall be deducted from the expenses ordered to be paid under ORS
376.175. [1979 c.862 §3a]

376.170
Filing of answer by landowner; reply to answer by petitioner. (1) Any person
owning land across which a way of necessity is proposed to be established under
ORS 376.150 to 376.200 may file an answer controverting any matter in the
petition or report and alleging any new matter relevant to the proceedings. An
answer filed under this subsection must be filed within 30 days after receipt
of service of the petition and report. An answer shall be filed with the county
governing body. The county governing body shall provide for service of the
answer upon the petitioner in the manner provided for service of summons in an
action at law.

(2)
If an answer is filed under this section, the petitioner may file a reply
controverting any matter presented in the answer. A reply filed under this
section must be filed within 10 days after receipt of service of the answer by
the petitioner. A reply shall be filed with the county governing body. The
county governing body shall provide for service of the reply upon the person
filing the answer in the manner provided for service of summons in an action at
law. [1979 c.862 §4]

376.175
Order granting or denying way of necessity; contents; liability for costs;
appeal.
(1) Upon consideration of the matters and issues presented under ORS 376.150 to
376.200, the county governing body shall determine whether or not a need has
been demonstrated for the granting of a way of necessity under ORS 376.150 to
376.200 and shall enter an order granting or denying the way of necessity.

(2)
Any order entered under this section shall:

(a)
State whether the way of necessity is granted or denied;

(b)
Declare as established any way of necessity that is granted;

(c)
Describe the exact location and width of any way of necessity established;

(d)
Describe those uses that are permitted on any way of necessity established;

(e)
Direct the petitioner to pay costs and reasonable attorney fees incurred by each
owner of land whose land was subject to the petitioner’s action for a way of
necessity under ORS 376.150 to 376.200;

(f)
Establish the amount of compensation due to any owner of land across which any
way of necessity has been established and direct the petitioner to pay the
compensation; and

(g)
Establish the costs incurred by the county in the procedures for the way of
necessity under ORS 376.150 to 376.200 and direct the petitioner to reimburse
the county for those costs not already paid by petitioner.

(3)
An order entered under subsections (1) and (2) of this section to provide for
utility service, as set forth in ORS 376.150 (2)(b), shall conform to affected
utility policy and standards.

(4)
A petitioner shall pay any costs the petitioner is directed to pay under an
order issued under this section within 60 days after entry of the order. The
petitioner is liable for any costs not paid within the time established in this
subsection. If more than one landowner joins in a petition for a way of necessity
under ORS 376.155, every petitioner granted use of the way of necessity shall
be jointly and severally liable for any costs ordered to be paid.

(5)
Any party to the action for a way of necessity may contest any part of the
order of the county governing body in an appeal filed with the circuit court
within 30 days after entry of the order of the county governing body. [1979
c.862 §5; 1989 c.674 §2; 1991 c.936 §3]

376.180
Conditions for way of necessity. A way of necessity established under ORS
376.150 to 376.200 shall:

(1)
Be located to cause the least possible damage to land across which it is
located;

(2)
Be fenced or gated if required by the county governing body;

(3)
Not be connected to a public road in a location or manner that creates a traffic
hazard or decreases the safety on the public road;

(4)
Be established only for uses in connection with the property for which the way
of necessity is sought;

(5)
Not be subject to any use that is not described in the order establishing the
way of necessity;

(6)
Not exceed 30 feet in width unless authorized by the county governing body for
engineering purposes;

(7)
Not be connected to a public road where the rights of access to the road have
been acquired by the state or a county unless the state or governing body of
the county grants permission for the connection;

(8)
Not be established if the property for which the way of necessity is sought has
an existing enforceable access to a public road;

(9)
Not be established if the petitioner for the way of necessity could acquire an
easement for access to a public road through other legal action;

(10)
Not be established for land that has been subdivided or partitioned in
violation of ORS chapter 92;

(11)
Not be established over land owned by the state or a political subdivision of
the state unless permission is granted for the way of necessity under ORS
376.185; and

(12)
Not be established for any land if the owner of the land had knowingly
eliminated access to all public roads from the land by the sale of other land
owned by the landowner. [1979 c.862 §6; 1991 c.936 §5; 1993 c.18 §91]

376.185
Way of necessity over public land. (1) A way of necessity may not be
established under ORS 376.150 to 376.200 across land owned by the state or a
political subdivision of the state without the consent of the governing body of
the political subdivision or of the appropriate agency of the state. The
governing body of a political subdivision of this state and any agency of the
state shall not unreasonably withhold consent required under this subsection.

(2)
Whenever a way of necessity is sought over land owned by the state or a
political subdivision of the state, a copy of the petition for the way of
necessity, of the county report and of the notice of hearing shall be forwarded
by certified mail to:

(a)
If the political subdivision owns the land, the governing body of the political
subdivision.

(b)
If the state owns the land, to the Department of State Lands and to each agency
of the state that has use or control of the land. [1979 c.862 §7; 1993 c.98 §17]

376.190
Responsibility for maintenance of way of necessity; alteration limited. (1) A way of
necessity that is established under ORS 376.150 to 376.200 shall be maintained
and kept passable by the person owning the land for which the way of necessity
is established. This subsection does not require the person to provide for
maintenance of the way of necessity for uses or persons not specifically
provided in the order establishing the way of necessity.

(2)
A way of necessity established under ORS 376.150 to 376.200 shall not be
altered or vacated except by the governing body of the county in which it is
located and in a manner provided by law for the alteration or vacation of a
public road.

(3)
No county shall be required to work, improve, maintain or repair a way of
necessity. [1979 c.862 §8; 1991 c.936 §5]

376.195
Subsequent partition of land receiving way of necessity requires government
approval.
Land for which a way of necessity is established under ORS 376.150 to 376.200
shall not be subsequently partitioned without the approval of the city or
county governing body which has partitioning authority. [1979 c.862 §9]

376.197
Way of necessity to historic cemeteries. (1) Notwithstanding any other provision
of ORS 376.150 to 376.200, a way of necessity for nonmotorized conveyance is
established to any parcel that meets the criteria described in ORS 308A.125.

(2)(a)
Notwithstanding any other provision of ORS 376.150 to 376.200, a way of
necessity is established to a historic cemetery listed in accordance with the
provisions of ORS 97.782.

(b)
The way of necessity established under paragraph (a) of this subsection shall:

(A)
Be designated by the owner of the land over which the way of necessity passes;
and

(B)
Be accessible, at reasonable times to be designated by the property owner for
visitation, maintenance or research purposes, to the owner of the historic
cemetery, to descendants of those persons buried in the historic cemetery and
to persons interested in historical research. The reasonableness of the times
designated by the property owner shall be based on the need of the property owner
to make use of the property and the need of the historic cemetery visitors for
family visitation, maintenance or research access to the historic cemetery. [1999
c.314 §46; 2001 c.364 §1; 2003 c.173 §9]

376.200
Transfer of jurisdiction over establishment of ways of necessity to circuit
court; local court rules; procedure after transfer. (1)
Notwithstanding any provision of ORS 376.150 to 376.200, a county governing
body may adopt an ordinance removing the county governing body from
jurisdiction over the establishment of ways of necessity under ORS 376.150 to
376.200.

(2)
If the county governing body adopts an ordinance described in subsection (1) of
this section, the circuit court of that county shall have jurisdiction of the
establishment of ways of necessity for that county. Except as otherwise
provided in this section, a court with jurisdiction of the establishment of
ways of necessity under this section shall follow the procedures for
establishment of a way of necessity provided under ORS 376.150 to 376.200. The
court may adopt local court rules to supplement the procedures provided under
ORS 376.150 to 376.200.

(3)
Notwithstanding ORS 376.175, if jurisdiction for establishment of ways of
necessity is in the circuit court as provided under this section, an appeal
from the decision of the court shall be to the Court of Appeals.

(4)
Notwithstanding ORS 376.160 (1), if jurisdiction for establishment of ways of
necessity is in the circuit court as provided under this section, upon filing a
petition the petitioner shall:

(a)
Provide for service of the petition on all persons owning land across which the
way of necessity could be located; and

(b)
Post a bond or security deposit with the court clerk in an amount required by
the court to pay for the cost of the investigation and report under subsection
(5) of this section.

(5)
If jurisdiction for establishment of ways of necessity is in the circuit court
as provided under this section, upon receipt of a petition the court shall
appoint a person to investigate the proposed way of necessity and submit a
written report to the court and the petitioner. The cost of the investigation
and report shall be charged against the bond or security deposit posted under
subsection (4) of this section. If the bond or security deposit is more than
the actual cost of the investigation and report, the difference shall be
refunded to the petitioner. If the bond or security deposit is less than the
actual cost of the investigation and report, the petitioner shall pay to the county
governing body the amount of the deficiency. A judgment of the court shall not
become final until the full cost of the investigation and report has been paid.

(6)
Notwithstanding ORS 376.160 (3), if jurisdiction for establishment of ways of
necessity is in the circuit court as provided under this section, upon receipt
of the report under subsection (5) of this section, the petitioner shall serve
a copy of the petition and report on all persons owning land across which the
way of necessity is proposed to be located under the petition or report. [1979
c.862 §10; 1995 c.265 §1]

376.205 [Repealed by 1981
c.153 §79]

376.210 [Repealed by 1981
c.153 §79]

376.215 [Repealed by 1981
c.153 §79]

376.220 [Repealed by 1981
c.153 §79]

FOREST
ROADS

376.305
Policy and purpose of Act. (1) It is declared that a substantial part of the
forest resources of this state are now left unharvested and are lost by reason
of the excessive cost of transportation thereof to market; that substantial
forest areas can be economically managed, harvested and the products thereof
transported to market only by use of certain county and public roads which the
counties of this state are unable to construct, improve and maintain so as to
enable their safe and economical use for such purposes.

(2)
It is declared to be the public policy of this state to conserve and develop
its natural resources, to encourage and facilitate the transportation of
products of the forest and the salvage and utilization of such products now
being wasted, and to develop and improve certain county and other public roads
for such purposes.

376.310
Definitions for ORS 376.305 to 376.390. As used in ORS 376.305 to 376.390:

(1)
“Forest road” means any county or public road, or part thereof, outside the
corporate limits of a city, which is within or extends into or toward a
mountainous or timbered area, and which is under the control and supervision of
a county court of this state.

(2)
“Contract forest road” means a forest road improved or maintained pursuant to a
contract made under ORS 376.305 to 376.390.

(3)
“Logging operator” means any person having the right to cut and remove timber
or forest products in this state, or who is engaged or desirous of engaging in
this state in the transportation of forest products, by motor vehicle, to
market or processing plant.

(4)
“Forest road contractor” means a logging operator who has entered into a
contract under ORS 376.305 to 376.390 to improve or maintain, or improve and
maintain, a contract forest road.

(5)
“Motor vehicle” includes any motor vehicle with or without a trailer or
semitrailer.

(6)
“Person” means any person, firm or corporation, or group or combination
thereof.

376.315
Application to become forest road contractor. (1) Any logging operator desiring
to become a forest road contractor may make application to the county court
having jurisdiction and control over a forest road, to improve or maintain, or
improve and maintain, such road.

(2)
The application shall set forth:

(a)
A description of the road and the termini thereof.

(b)
If the applicant proposes to improve the road, a general statement of the
improvements proposed to be made.

(c)
If the applicant proposes to maintain the road, a general description of the
maintenance work proposed to be done.

(3)
The application shall be verified and signed by the applicant and filed in the
office of the county clerk, together with an affidavit showing service thereof,
either personally, by registered mail or by certified mail with return receipt,
on the Public Utility Commission and on the Department of Transportation. [Amended
by 1991 c.249 §29]

376.320
Hearing on application; posting, publishing, serving and proof of notice. (1) The county
court shall:

(a)
Fix a date for hearing the application.

(b)
Cause a notice of the hearing to be posted at the place where the county court
sessions are held and at three public places in the vicinity of the forest road
specified in the application, for at least 30 days immediately prior to the
date set for hearing.

(c)
Cause notice of the hearing to be published in a newspaper published in the
county and having general circulation therein, but if there is no such
newspaper published in the county, then in any newspaper having general
circulation in the county, for not less than once a week for two weeks
immediately prior to the date set for the hearing.

(2)
A copy of the notice shall be served personally, by registered mail or by
certified mail with return receipt on the Public Utility Commission and on the
Department of Transportation at least 15 days prior to the date set for
hearing.

(3)
Proof that the notice has been posted and served shall be made by affidavit and
filed in the proceeding. [Amended by 1991 c.249 §30]

376.325
Signing and contents of notice. The notice of hearing shall be signed by
the county clerk and shall state:

(1)
The date the application was filed.

(2)
The name of the applicant.

(3)
The description of the forest road proposed to be improved or maintained, or
both.

(4)
The proposal for improvement or maintenance, or both, as set forth in the
application.

(5)
The time and place of hearing.

(6)
That all persons interested may appear and be heard for or against the
application.

376.330
Order approving application; service of order. After the
hearing, the county court may, in its discretion, approve or disapprove the
application. If the application is approved, a copy of the approving order
together with a copy of the findings of the county court shall be served by the
county clerk by registered mail or by certified mail with return receipt within
10 days after the order is made, upon the Public Utility Commission and the
Department of Transportation. The county clerk shall file in the proceeding the
certificate of such service. [Amended by 1991 c.249 §31]

376.335
Contracting with applicant. Any county court that has approved any such
application may contract with the applicant, in accordance with ORS 376.305 to
376.390, and without advertisement for bids, for the improvement or maintenance,
or both, of the forest road described in the application. The terms of the
contract as to specifications of the work shall not be limited by the proposal
for improvement or maintenance as contained in the application.

376.340
Bond and insurance of forest road contractor. (1) Before execution of any
contract under ORS 376.305 to 376.390, the forest road contractor shall execute
and file with the county clerk a performance bond in an amount to be fixed by
the county court.

(2)
The forest road contractor shall furnish, and have in force during the entire
term of the contract, public liability and property damage insurance covering
the operation and the operation of agents and subcontractors of the forest road
contractor in the improvement, maintenance and use of the contract forest road
in any amount that may be fixed in the contract, but the public liability
insurance shall be for an amount of not less than $50,000 for bodily injuries
to or death of one person and, subject to that minimum amount for each person,
not less than $100,000 for bodily injuries to or death of more than one person
in any one accident, and the property damage insurance shall be for an amount
of not less than $5,000 for injury to or destruction of property in any one
accident. [Amended by 1953 c.370 §5; 1957 c.650 §14; 1983 c.740 §121]

(2)
Specify the width of the roadbed and contain reasonably complete
specifications, prepared by the county roadmaster or other competent person, of
the improvement and maintenance work to be done.

(3)
Specify the time within which the improvement work other than maintenance shall
be completed.

(4)
Contain such provisions pertaining to maintenance as may be agreed upon by the
parties.

(5)
Obligate the forest road contractor to furnish all labor and materials required
for the work the contractor has contracted to do.

(6)
Provide that the same rights and privileges on the contract forest road as are
available to the forest road contractor are available to any other logging
operator:

(a)
Upon approval by the county court;

(b)
Upon the logging operator furnishing insurance as provided in ORS 376.340;

(c)
Upon the logging operator reimbursing the forest road contractor for an
equitable portion of the construction costs, if any, borne by the forest road
contractor; and

(d)
Upon the equitable sharing of the logging operator with the forest road
contractor in the costs of maintaining the road, provision being made for
either the specific rates therefor per 1,000 feet board measure of timber or
equivalent of forest products transported over the road or, in the alternative,
a formula for determining such rates with a provision for arbitration under ORS
36.600 to 36.740, in the event of disagreement between the forest road
contractor and another logging operator respecting the application of the
formula. [Amended by 2003 c.598 §41]

376.350
Filing copies of forest road contract. One copy of the contract shall be filed
with the county clerk, one with the Public Utility Commission and one with the
Department of Transportation.

376.355
Limitations on using motor vehicles to transport forest products over forest
road; regulations and permits for crossing state highways. (1) During such
term as may be specified in the contract, the forest road contractor and agents
and subcontractors of the forest road contractor have the right and privilege
to:

(a)
Use and operate over the contract forest road, motor vehicles limited as to
wheel base, weights, dimensions, tire widths and tire surfaces only as
specified in the contract.

(b)
Transport forest products upon such motor vehicles over the road, with loads limited
as to gross weights, axle load weights, tire load weights, and load dimensions
and heights only as specified in the contract.

(2)
Whenever any forest road contractor operates any motor vehicle having a size or
weight prohibited by or in excess of the limitations contained in any law
pertaining to state highways, on a contract forest road which crosses a state
highway, the Department of Transportation may adopt rules and regulations and
issue permits for said motor vehicle to cross said state highway in the use of
such contract forest road. Such rules and regulations and such permits may
include, but need not be limited to, provisions for reinforcing and
strengthening the highway and for the installation of signs and signals, and
such other requirements as the Department of Transportation may deem necessary
for the preservation of the highway and for the safety and best interest of the
public. All construction and installations under such permits shall be under
the supervision of the Department of Transportation and at the expense of the
forest road contractor. [Amended by 1953 c.370 §5]

376.360
Signs giving notice of certain vehicles on forest road. In the event the
forest road contractor is authorized by the provisions of the contract to
operate vehicles or combinations of vehicles, including any load thereon, of
any size or description not otherwise authorized by law, the county court shall
erect and maintain signs giving notice thereof in a conspicuous manner and
placed at each end of the forest road or section of forest road covered by the
contract, and at such other places as may be necessary to inform and warn the
public.

376.365
Persons having rights under forest road law and contract. During the term
of the forest road contract, all exemptions, privileges and rights granted or
provided for by ORS 376.305 to 376.390, and by the provisions of the contract
made pursuant thereto, are limited to the forest road contractor, the agents
and subcontractors of the forest road contractor, and to such other logging
operators as may meet the provisions required to be included in the contract by
ORS 376.345 (6). This section does not, however, prevent the use of the forest
contract road by the general public. [Amended by 1953 c.370 §5]

376.370
Supervision over forest road work by roadmaster. (1) All
improvement and maintenance work done pursuant to a forest road contract shall
be under the supervision of the county roadmaster of the contracting county.

(2)
On request of the forest road contractor, the county roadmaster shall inspect
any completed segment of the contract forest road, and if the county roadmaster
determines the work to be in compliance with the contract the county roadmaster
shall approve the completion in writing, deliver a copy of the approval to the
contractor and file a copy with the county clerk. Except in case of fraud, the
approval of the county roadmaster shall be conclusive proof that the work
approved is in compliance with the contract.

376.375
Contract liability of forest road contractor. The liability of any forest road
contractor for failure to improve or maintain the contract forest road or any
bridge or culvert thereon in accordance with the contract is limited to the
contracting county.

376.380
Assignment of forest road contract. Any forest road contractor may assign the
forest road contract in its entirety, with approval of the contracting county
court and not otherwise. A copy of each assignment shall be filed with the
county clerk. A copy of the assignment together with a copy of the resolution
of the county court approving the assignment shall be delivered or sent by
registered mail or by certified mail with return receipt to the Public Utility
Commission and the Department of Transportation. [Amended by 1991 c.249 §32]

376.390
Payment of taxes and fees by forest road contractor. Nothing in ORS
376.305 to 376.390 relieves the forest road contractor or agents or
subcontractors of the forest road contractor from payment of any taxes or fees
prescribed by law, except that, with respect to a motor vehicle operated upon a
contract forest road by a forest road contractor, or agent or subcontractor of
the forest road contractor, the road tax mileage fees prescribed by ORS
825.474, 825.476, 825.480 and 825.484 shall be assessed upon the declared
combined weight of the motor vehicle or 76,000 pounds, whichever is less. [Amended
by 1953 c.370 §5]

CONDEMNATION
OF LAND FOR FOREST PRODUCT WAYS

376.505
Filing statement of route and bond; right of entry. (1) Any person,
firm or corporation that requires land for transportation of the raw products
of the forest may file with the county clerk of the county in which the land is
located:

(a)
A statement showing the approximate route of any proposed road or railway and a
general description of the tract that the road or railway may travel.

(b)
At the time of filing the statement, a bond in such sum as may be fixed by
order of the county court, conditioned upon the payment to the owners of the
lands required for the road or railway of any and all damage that the owners
may sustain by reason of entry upon the land for the survey or location of the
road or way.

(2)
When the bond has been filed, such person, firm or corporation shall have the
right to enter upon the tract for the purpose of examining, locating or
surveying the line of the road or logging railroad. [Amended by 2003 c.14 §162]

376.507
Definition of “transportation of the raw products of the forest.” As used in ORS
376.505 to 376.540 “transportation of the raw products of the forest” includes
ingress to and egress from forestland solely for the purpose of management,
protection, growth and conservation of forest crops by thinning, reseeding,
brush control and other forest management operations. [1975 c.723 §2]

376.510
Right to acquire and condemn land for logging road. Any such person,
firm or corporation has the right to acquire and own all lands reasonably
necessary for the logging road or way to promote the transportation of logs or
the raw products of the forest. If such person, firm or corporation is unable
to agree with the owners of the land over which the logging railroad is
necessary, as to the amount of compensation to be paid therefor, such person,
firm or corporation has the right to condemn so much of the land necessary for
the logging railroad, road or ways as may be necessary for the use thereof, and
may maintain the suit for condemnation in the circuit court of the county
wherein the lands are located. No land shall be taken until compensation has
been assessed and tendered.

376.515
Property subject to appropriation. No more lands shall be appropriated under
ORS 376.505 to 376.540 than are reasonably necessary for the purposes specified
therein. No building nor the land upon which it is situated, which is exempt
from execution as a homestead under the laws of the state, nor any land
belonging to the homestead owner within 100 feet of the building, shall be so
appropriated.

376.520
Condemnation procedure. Procedure for condemnation under ORS 376.505 to
376.540 shall be as set forth in ORS chapter 35. [Amended by 1971 c.741 §23]

376.525
Assessment of damages. In assessing damages under ORS 376.510, full
compensation shall be allowed for the value of the land appropriated and all
other injury and damage which the owner may suffer by reason of the
appropriation of the land.

376.530
Fencing appropriated land. The person, firm or corporation appropriating land
under ORS 376.505 to 376.540, and the successors and assigns of the person,
firm or corporation, shall fence with a good and suitable fence both sides of
the lands appropriated, in the event the lands are used for agricultural
purposes, and shall take such other means and precautions reasonably necessary
to protect the adjoining lands not appropriated from damage or injury by reason
of the use of the lands appropriated.

376.535
Use of appropriated property; reversion on disuse. (1) Any property
acquired under ORS 376.505 to 376.540 shall be used exclusively for the
purposes set forth therein or such incidental purposes as may be necessary to
the continued carrying out of such purposes.

(2)
Whenever the use of property as contemplated in ORS 376.505 to 376.540 ceases
for a period of two years, it shall revert to the original owner, or the heirs
or assigns of the original owner, but in assessing damages the amount allowed
shall not be in any manner lessened or decreased by reason of the possibility
that the lands may so revert to their original owner.

(3)
The limitations set out in this section shall not apply to or run against any
interest acquired by the state.

376.540
Logging roads.
Any logging road which is necessary for the transportation of a single tract of
timber is within ORS 376.505 to 376.540, whether it is a common carrier or
otherwise. Such road is not under the jurisdiction of the Department of
Transportation unless the owners thereof declare it a common carrier. [Amended
by 1997 c.275 §5]

376.605 [Amended by 1971
c.741 §26; repealed by 2001 c.388 §1]

376.610 [Repealed by 1981
c.153 §79]

376.615 [Repealed by 1981
c.153 §79]

MISCELLANEOUS
WAYS

376.620
Skyline, logging line, ferry skyline or cable footbridge; authorization and
regulation by Department of State Lands. (1) When authorized by the Department of
State Lands, it is lawful for any person, firm or corporation to construct,
maintain and operate a skyline, high lead logging line, ferry skyline or cable
footbridge across any navigable river, bay, inlet or other navigable waters
within the state, not inconsistent with any Act of Congress regulating the
construction of bridges across navigable waters. The structures shall be so
constructed as not to interfere unnecessarily with the navigation of such
navigable waters.

(2)
The Department of State Lands may make and enforce such regulations and
restrictions as it deems necessary to carry out the purposes of this section
and may make reasonable charges for any services rendered in connection
therewith.

PEDESTRIAN
MALLS

376.705
Definitions for ORS 376.705 to 376.825. Unless the context otherwise requires,
the definitions contained in this section shall govern the construction of ORS
376.705 to 376.825.

(1)
“City” includes every county, city, and city and county within this state. “The
city” means the particular county, city, or city and county, acting pursuant to
ORS 376.705 to 376.825.

(2)
“Legislative body” means the legislative body of the city.

(3)
“Street” as used in the definitions of the terms “city streets,” “mall
intersection” and “intersecting streets,” defined in subsections (4), (6) and
(7) of this section, means any public street, road, highway, alley, land,
court, way or place of any nature open to the use of the public.

(4)
“City street,” as used with regard to streets located within a city or city and
county, means any street located within the city or city and county, except a
freeway, state highway, or county highway. “City street,” as used with regard
to streets located within a county, means any street, located within the
county, except a throughway as defined in ORS 374.010 or state highway as
defined in ORS 373.010.

(5)
“Pedestrian mall” means one or more city streets, or portions thereof, on which
vehicular traffic is or is to be restricted in whole or in part and which is or
is to be used exclusively or primarily for pedestrian travel.

(6)
“Mall intersection” means any intersection of a city street constituting a part
of a pedestrian mall with any street, which intersection is itself part of the
pedestrian mall.

(7)
“Intersecting street” means any street which meets or crosses a pedestrian mall
at a mall intersection but includes only those portions thereof on either side
of a mall intersection which lie between the mall intersection and the first
intersection of the intersecting street with a public street or highway open to
vehicular traffic.

(8)
“Assessment roll” means the assessment roll or rolls used by the county for
purposes of city ad valorem taxes on real property.

376.710
Legislative findings; short title. (1) The Legislative Assembly hereby finds
and declares that in certain areas in cities, and particularly in retail
shopping areas thereof, there is need to separate pedestrian travel from
vehicular travel and that such separation is necessary to protect the public
safety or otherwise to serve the public interest and convenience. The
Legislative Assembly further finds and declares that such objective can, in
part, be accomplished by the establishment of pedestrian malls pursuant to ORS
376.705 to 376.825.

(2)
ORS 376.705 to 376.825 may be cited as the Pedestrian Mall Law of 1961. [1961
c.666 §§1,3]

376.715
Construction of Pedestrian Mall Law; validity of proceedings. (1) ORS 376.705
to 376.825 and all of their provisions shall be liberally construed to the end
that their purpose may be effective.

(2)
Any proceedings taken pursuant to ORS 376.705 to 376.825 shall not be held
invalid for failure to comply with the provisions of ORS 376.705 to 376.825, if
the acts done and proceedings taken are not invalid under the state or federal
Constitution. [Enacted as part of 1961 c.666 §5]

376.720
Powers of city with respect to pedestrian mall. (1) The
legislative body of a city shall have the power:

(a)
To establish pedestrian malls.

(b)
To prohibit, in whole or in part, vehicular traffic on a pedestrian mall.

(c)
To pay, from general funds of the city or other available moneys or from the
proceeds of assessments levied on lands benefited by the establishment of a
pedestrian mall, the damages, if any, allowed or awarded to any property owner
by reason of the establishment of a pedestrian mall.

(d)
To construct on city streets which have been or will be established as a pedestrian
mall improvements of any kind or nature necessary or convenient to the
operation of such city streets as a pedestrian mall, including but not limited
to paving, sidewalks, curbs, gutters, sewers, drainage works, street lighting
facilities, fire protection facilities, flood protection facilities, water
distribution facilities, vehicular parking areas, retaining walls, landscaping,
tree planting, child care facilities, display facilities, information booth,
public assembly facilities and other structures, works or improvements
necessary or convenient to serve members of the public using such pedestrian
mall, including the reconstruction or relocation of existing city-owned works,
improvements or facilities on such city streets.

(e)
To pay, from general funds of the city or other available moneys or from the
proceeds of assessments levied on property benefited by any such improvements,
the whole or any portion of the cost of such improvements.

(f)
To do any and all other acts necessary or convenient for the accomplishment of
the purposes of ORS 376.705 to 376.825, including the power to rent, lease or
license to any individual firm or corporation any portion of the pedestrian
mall for service concessions, commercial uses or otherwise, providing that in any
term of use exceeding 60 days, the city shall first advertise for bids therefor
by publication not less than once a week for two consecutive weeks in a
newspaper of general circulation in the city, making two publications thereof.

(2)
The powers granted in ORS 376.705 to 376.825 to prohibit, in whole or in part,
vehicular traffic on any city street shall be in addition to and not limited by
the powers granted by any other law. [1961 c.666 §4; subsection (2) enacted as
part of 1961 c.666 §5; 1971 c.506 §1]

376.725
Resolution for establishment of mall; general contents of resolution. When the
legislative body shall determine that the public interest and convenience
require the establishment of a pedestrian mall and that vehicular traffic will
not be unduly inconvenienced thereby, it may adopt a resolution declaring its
intention to establish such pedestrian mall. Such resolution shall contain:

(1)
The determination and declaration referred to above.

(2)
A general description of the city streets, or portions thereof, which are
proposed to be established as a pedestrian mall.

(3)
A general description of the mall intersections.

(4)
A general description of the intersecting streets.

(5)
A statement that the legislative body proposes to adopt an ordinance prohibiting,
in whole or in part, vehicular traffic on such pedestrian mall. If vehicular
traffic is proposed to be prohibited only in part, the resolution shall also
contain a general statement of the exceptions proposed to be made. Such
exceptions may include exceptions in favor of public, emergency, utility and
other classes of vehicles, may include exceptions in favor of all or certain
classes of vehicles during certain days or during portions of days, and may
include other exceptions of any kind or nature.

(6)
A general statement of the source or sources of moneys proposed to be used to
pay damages, if any, allowed or awarded to any property owner by reason of the
establishment of the pedestrian mall.

(7)
A day, hour and place for the hearing by the legislative body of protests and
objections to the establishment of the proposed pedestrian mall, and a
statement that any and all persons having any objection to the establishment of
the proposed pedestrian mall may file a written protest with the city recorder
at any time not later than the hour so fixed for the hearing.

(8)
A statement that any person owning or having any legal or equitable interest in
any real property which might suffer legal damage by reason of the
establishment of the proposed pedestrian mall may file a written claim of
damages with the city recorder at any time not later than the hour so fixed for
hearing; that such written claim must describe the real property as to which
the claim is made, must state the exact nature of the claimant’s interest
therein, must state the nature of the claimed damage thereto, and must state
the amount of damages claimed. [1961 c.666 §6]

376.730
Description of proposed mall and intersecting streets. In such
resolution any street may be described by referring thereto by its lawful or
official name, or the name by which it is commonly known, and the pedestrian
mall, the mall intersections and the intersecting streets may be described by
reference to a map or plat thereof on file in the office of the city recorder. [1961
c.666 §7]

376.735
Contents of resolution when landowners to be paid for damages by assessments on
benefited property.
In such resolution the legislative body may propose to pay the whole or any
part of damages based on claims filed pursuant to ORS 376.755 (2), if any,
allowed or awarded to any property owner by reason of the establishment of the
pedestrian mall from the proceeds of assessments levied upon lands benefited by
the establishment of the pedestrian mall. In such cases the resolution shall
also contain:

(1)
General description of the district (which may consist of noncontiguous
portions) within which lie the lands deemed by the legislative body to be
benefited by the establishment of the proposed pedestrian mall. Such district
may be described by metes and bounds.

(2)
A statement that an assessment will be levied pursuant to ORS 376.705 to
376.825 to pay the whole or a stated portion of the damages based on claims
filed pursuant to ORS 376.755 (2), if any, allowed or awarded to any property
owner by reason of the establishment of such pedestrian mall and the costs and
expenses in connection with proceedings or actions taken pursuant to ORS
376.705 to 376.825.

(3)
If bonds are to be issued, a statement that bonds to represent unpaid
assessments will be issued, and the interest rate, or maximum interest rate,
and term, or maximum term, of any such bonds. [1961 c.666 §8]

376.740
Contents of resolution when improvements are proposed. If, in connection
with the initial establishment of a pedestrian mall, the legislative body
proposes to make any improvements of the kind or type referred to in ORS
376.720 (1)(d), such resolution shall also contain:

(1)
A general description of the improvements proposed to be made. Such description
may be made (but is not required to be made) in any manner permitted or
provided in any law under which such improvements are to be made or financed.

(2)
A general statement of the source or sources of moneys proposed to be used to
pay the costs and expenses of such improvements. [1961 c.666 §9]

376.745
Resolution to be published and posted. (1) The resolution of intention shall be
published in a newspaper of general circulation published within the county,
city or city and county, as the case may be. The first publication shall be not
less than 60 days prior to the date fixed therein for hearing. In a city where
no such newspaper is published, the resolution shall instead be so published in
a newspaper of general circulation published in the county in which the city is
located.

(2)
Copies of the resolution headed “Notice of Intention to Establish a Pedestrian
Mall” in letters at least one-half inch in height shall be posted not more than
300 feet apart as follows:

(a)
On all city streets, or portions thereof, proposed to be established as a
pedestrian mall.

(b)
On all intersecting streets.

(c)
If assessments are to be levied as contemplated by ORS 376.735, then upon all
open streets within the district described in the resolution pursuant to such
section.

(3)
Copies shall be posted not less than 60 days prior to the hearing. [1961 c.666 §§10,11;
2003 c.14 §163]

376.750
Copies of resolution to be mailed to affected persons. (1) A copy of the
resolution shall be mailed, postage prepaid, not less than 60 days prior to the
hearing to each person to whom any of the following described lands is assessed
as shown on the last equalized assessment roll, at the address of the person as
shown upon such roll, and to any person, whether owner in fee or having a lien
upon, or legal or equitable interest in, any of such lands whose name and
address and a designation of the land in which the person is interested is on
file in the office of the city clerk or county clerk, as the case may be. Such
lands are as follows:

(a)
All parcels of land abutting upon any portion of the pedestrian mall or any
portion of any intersecting street.

(b)
If assessments are to be levied as contemplated by ORS 376.735, then all
parcels of land within the assessment district described in the resolution
pursuant to such section.

(2)
The legislative body may determine that such resolution shall also be mailed to
such other persons as it may specify. [1961 c.666 §12]

376.755
Objections to mall; claims for damages; right to damages not created. (1) Not later
than the hour set for hearing any interested person may, severally or with
others, file with the city recorder written objection to the establishment of
the proposed pedestrian mall or to the extent of any district described
pursuant to ORS 376.735, or both. Any protest or objection may be withdrawn at
any time by written notice of such withdrawal filed with the city recorder with
the same effect as if it had never been made.

(2)
Not later than the hour set for hearing any person owning, or having any legal
or equitable interest in, any real property which might suffer legal damage by
reason of the establishment of the proposed pedestrian mall may file with the
city recorder a written claim of damages. Such written claim must describe the
real property as to which the claim is made, must state the exact nature of the
claimant’s interest therein, must state the nature of the claimed damage
thereto, and must state the amount of damages claimed. Any such claim may be
withdrawn by the claimant at any time by written withdrawal with the same
effect as if it had never been filed.

(3)
Anything in ORS 376.705 to 376.825 to the contrary notwithstanding, nothing in
ORS 376.705 to 376.825 shall be construed or interpreted as creating any right
in any person to damages or compensation by reason of the establishment of a
pedestrian mall, it being the intention of the Legislative Assembly in enacting
ORS 376.705 to 376.825 to provide an orderly method for the determination and
payment only of such damages and compensation as are required by the
Constitutions of the State of Oregon and the United States of America. In this
connection the Legislative Assembly hereby expressly declares that it is its
intention that to the extent to which the establishment of a pedestrian mall is
justifiable as an exercise of the police power for which no compensation is
constitutionally required, no damages or compensation shall be allowed in any
action. [1961 c.666 §§13,14,24]

376.760
Effect of objections by landowners. (1) If the owners of lands abutting on
the proposed pedestrian mall representing 10 percent of the frontage on the
proposed pedestrian mall have made written objection to the establishment of
the proposed pedestrian mall, the legislative body shall so find and shall
terminate the proceedings for such establishment. In such event no proceeding
under ORS 376.705 to 376.825 for the establishment of the same or substantially
the same pedestrian mall shall be commenced within one year after such
termination.

(2)
If assessments are to be levied as contemplated by ORS 376.735, then if the
owners of more than 10 percent of the area of land included within the district
described in the resolution of intention and subject to assessment have made
written objection to the establishment of the proposed pedestrian mall, the
legislative body shall so find and in that event the legislative body may
continue with proceedings for the establishment of the pedestrian mall but
shall have no power to make any assessment upon benefited property to pay
damages. In such event no proceeding under ORS 376.705 to 376.825 for the levy
of assessments upon benefited property to pay damages in connection with the
establishment of the same or substantially the same pedestrian mall shall be
commenced within one year after such finding. [1961 c.666 §§16,17]

376.765
Changing boundaries when assessments to be levied under ORS 376.735; notice;
objections.
(1) If assessments are to be levied as contemplated by ORS 376.735, then at the
hearing the legislative body may change the boundaries of the proposed district
by adding thereto land which in its opinion will be benefited by the
establishment of the pedestrian mall or by excluding from the district lands
which in its opinion will not be so benefited. If the legislative body proposes
any such change it shall take proceedings as required by this section and shall
continue the hearing to the time fixed for hearing objections to the proposed
change.

(2)
No such change shall be made except after notice of intention to do so, given
by at least one insertion in the newspaper in which the resolution of intention
was published, describing the proposed change and specifying the time for
hearing objections, which shall not be less than 30 days after publication of
the notice. If the change proposed is one to include additional land in the
district, a copy of such notice shall be mailed to each person to whom land
proposed to be added is assessed as shown on the last equalized assessment
roll, at the address of the person as shown on such roll, and to any person,
whether owner in fee or having a lien upon, or legal or equitable interest in,
any such lands whose name and address and a designation of the land in which
the person is interested is on file in the office of the county clerk. Such
notice shall be mailed at least 25 days prior to the time set for hearing
objections.

(3)
Written objection to any proposed changes may be filed with the city recorder
at any time up to the hour fixed for hearing objections to such changes. [1961
c.666 §18]

376.770
Allowing claims for damages; payment. (1) At the hearing on the resolution of
intention the legislative body may allow any claim for damages made pursuant to
ORS 376.755 (2). Any such allowance shall be for the full amount of damages
claimed in the written claim except that the legislative body, with the written
consent of the claimant, may allow a claim for a lesser amount.

(2)
The right of any claimant to payment of the amount of any allowed claim shall
be contingent upon the final establishment of the pedestrian mall but all
allowed claims must be paid by the city, from such source as the legislative
body may determine, before vehicular traffic is prohibited, in whole or in
part, on the pedestrian mall, pursuant to ORS 376.705 to 376.825. [1961 c.666 §20]

376.775
Hearing objections, claims and protests; waiver; decision; continuations. (1) At the
hearing all objections and protests shall be heard and considered, and all
claims shall be heard and considered.

(2)
Any objections or protests, whether to the things proposed by the resolution of
intention or to any changes proposed pursuant to ORS 376.765, not made at the
time and in the manner provided by ORS 376.705 to 376.825 are deemed
voluntarily waived, and the proceedings under ORS 376.705 to 376.825 shall not
be attacked on any ground not stated in a written objection filed as provided
in ORS 376.705 to 376.825.

(3)
Except in the case of a majority protest, as provided in ORS 376.760, the
legislative body may sustain or deny any or all objections or protests and its
determination is final.

(4)
The hearing may be continued from time to time by order entered on the minutes.
[1961 c.666 §§15,19]

376.780
Resolution after hearing; fixing boundaries. (1) Following the conclusion of
the hearing, the legislative body shall by resolution either abandon the
proceeding taken pursuant to ORS 376.705 to 376.825 or determine that the
pedestrian mall shall be established.

(2)
If assessments are to be levied as contemplated by ORS 376.735, then in the
resolution provided for in subsection (1) of this section, the legislative body
shall fix and establish the boundaries of the district as finally determined. [1961
c.666 §§21,25]

376.785
Judicial proceedings to determine unsettled claims for damages; satisfaction
prior to traffic prohibition. (1) If following the hearing the
legislative body shall determine that the pedestrian mall shall be established,
and if at that time there remain any written claims for damages which have not
been allowed pursuant to ORS 376.770 or which have not been withdrawn, the
legislative body shall direct that an action or actions be brought in the
circuit court of the county in which the city is located in the name of the
city by the city attorney, for a determination of the damages, if any, to which
the claimant may legally be entitled because of the establishment of the
pedestrian mall. Such action shall be in the nature of a proceeding in eminent
domain for the condemnation of the right or rights in real property, the taking
of which by the establishment of the pedestrian mall results in the damages
claimed. In such action the amount set forth in the claim relating thereto
shall not constitute a limitation upon the amount which may be pleaded, proved
or recovered.

(2)
Except as may otherwise be provided in ORS 376.705 to 376.825, such action and
proceeding shall be governed so far as the same may be made applicable by those
provisions of ORS chapter 35 relating to actions and proceedings in eminent
domain. In any such action the resolution adopted under ORS 376.780 (1) shall
be conclusive evidence of the public necessity of the proposed pedestrian mall;
that the property or rights in property to be taken are necessary therefor, and
that the pedestrian mall is planned and located in the manner which will be
compatible with the greatest public good and the least private injury.

(3)
The judgment in any such action shall be satisfied and a final order taken
before vehicular traffic is prohibited, in whole or in part, on the pedestrian
mall pursuant to ORS 376.705 to 376.825. [1961 c.666 §§22,23]

376.790
Assessment of damages and other expenses against benefited lands. After all claims
for damages filed pursuant to ORS 376.755 (2) have been finally determined, by
allowance by the legislative body, by withdrawal, or by a judgment in an action
or actions brought pursuant to ORS chapter 35, and the full amount of damages
to be paid has accordingly been finally determined, all or part of the total amount
of such damages (but not exceeding such part thereof as may be specified in the
resolution of intention), together with all costs and expenses incurred in
connection with any proceedings or actions taken pursuant to ORS 376.705 to
376.825, may be assessed against the lands within the district and subject to
assessment in proportion to the benefits to be derived from the establishment
of the pedestrian mall. [1961 c.666 §26]

376.795
Manner of assessment; sale of bonds representing unpaid assessments. (1) Such
assessment may be levied and bonds to represent unpaid assessments issued and
sold substantially in the manner provided in ORS 223.005 to 223.105 and 223.205
to 223.930, and to the extent applicable, such law shall govern as to the
preparation of the assessment, the lands subject to assessment, the hearing
upon the assessment and the notice thereof, the confirmation and recordation of
the assessment, the lien of the assessments, the notice of recordation, the
collection of assessments, the issuance, sale and delivery of bonds upon unpaid
assessments, the term of the bonds, the maximum interest rate thereon, the
collection and enforcement of such bonds and all other matters to the extent
applicable and except as provided in ORS 376.705 to 376.825.

(2)
In so applying the provisions of ORS 223.005 to 223.105 and 223.205 to 223.930,
the following provisions and exceptions shall apply:

(a)
The limits provided by such law on the amount of the assessment shall not
apply.

(b)
The legislative body shall provide for the form of the bonds and of the
principal and interest coupons to be attached thereto.

(c)
The legislative body may provide that the redemption provision of the bonds
shall require the payment of such premium as the legislative body may specify. [1961
c.666 §§27,28]

376.800
Special fund for payment of damages and expenses; use of surplus. (1) All
collections of assessments and all proceeds of the sale of bonds issued upon
unpaid assessments shall be placed in a special fund and used exclusively for
the payment of the damages, if any, and expenses for which the assessments were
levied.

(2)
If there is a surplus in such special fund, the legislative body may expend
such surplus for the improvement or operation of the pedestrian mall. [1961
c.666 §29]

376.805
Payment of damages and other expenses from sources other than assessments and
bonds.
Notwithstanding the fact that the proceedings under ORS 376.705 to 376.825 have
provided that assessments are to be levied as contemplated by ORS 376.735, the
legislative body, at any time and either before or after the adoption of the
resolution provided for in ORS 376.780 (1), may determine that such assessments
shall not be levied. In lieu thereof the legislative body may provide for the
payment of all or any part of the amounts referred to in ORS 376.790, out of
general funds of the city or out of any other available funds. [1961 c.666 §30]

376.810
Ordinance establishing mall; contents. Following the adoption of the resolution
provided for in ORS 376.780 (1), and as soon as moneys have been fully provided
for the payment of all claims, if any, allowed pursuant to ORS 376.770, and for
the payment of all damages and compensation, if any, awarded in any action or
actions brought pursuant to ORS chapter 35, the legislative body may adopt an
ordinance establishing the pedestrian mall. Such ordinance shall contain:

(1)
A general description of the pedestrian mall and a declaration and
determination that the same is finally established. The mall as finally
established shall be substantially the same as that described in the resolution
of intention.

(2)
Rules and regulations prohibiting vehicular traffic on such pedestrian mall
subject to such exceptions as the ordinance may provide. Such rules and regulations
and such exceptions shall be substantially in accordance with the statements
made in the resolution of intention.

(3)
Such additional rules and regulations as the legislative body may determine
pertaining to the interpretation, operation and enforcement of the rules and
regulations referred to in subsection (2) of this section, and otherwise
pertaining to the use, operation, maintenance of the pedestrian mall.

(4)
Such provisions as the legislative body may determine pertaining to the
operative date or dates of any of such rules or regulations. [1961 c.666 §31]

376.815
Adoption of ordinance; payment of claims, damages and compensation. (1) Such
ordinance shall be adopted and published in the manner, and shall take effect,
as provided by law or charter for other ordinances of the city. Such ordinance
shall be subject to referendum in the same manner as other ordinances of the
city.

(2)
No payment of allowed claims or damages or compensation awarded by any court
shall be made until such ordinance is in effect but all such allowed claims,
damages and compensation shall be paid before the rules and regulations
provided in such ordinance become operative. [1961 c.666 §§32,33]

376.820
Jurisdiction over mall; abandonment or modification. (1) Proceedings
under ORS 376.705 to 376.825 and the adoption of such ordinance
notwithstanding, the city and its legislative body shall retain its police
powers and other rights and powers relating to the city streets constituting a
part of the pedestrian mall. No action taken pursuant to ORS 376.705 to 376.825
shall be interpreted or construed to be a vacation or abandonment, in whole or
in part, of any city street or any right therein, it being intended that the
establishment of a pedestrian mall pursuant to ORS 376.705 to 376.825 be a
matter of regulation only.

(2)
Nothing in ORS 376.705 to 376.825 shall be interpreted or construed to prevent
the city and its legislative body, at any time subsequent to the adoption of
the ordinance provided for in ORS 376.705 to 376.825, from abandoning the
operation of the pedestrian mall, from changing the extent of the pedestrian
mall, or from changing or repealing any of the rules and regulations pertaining
to the pedestrian mall. [1961 c.666 §34]

376.825
Improvements on mall; payment of costs. (1) The city and its legislative body
shall have the power to improve a pedestrian mall as provided in ORS 376.720
(1)(d), and for the accomplishment, in whole or in part, of that purpose may
use ORS 223.005 to 223.105 and 223.205 to 223.930 or any similar special
assessment law. Any work or improvement permitted by such statutes shall be
deemed to be work or improvement permitted to be done under any such Act or
law. The city may also pay the whole or any part of the cost and expenses of
improving a pedestrian mall from its general funds or from any other available
money and may let contracts for the work in any manner permitted by law or
charter.

(2)
A pedestrian mall established or to be established pursuant to ORS 376.705 to
376.825 may be so improved either concurrently with the proceedings taken under
ORS 376.705 to 376.825 for the establishment of the pedestrian mall or at any
time subsequent to the establishment of the city mall, but no contract for the
work or improvement shall be awarded until moneys have been fully provided for
the payment of all claims allowed pursuant to ORS 376.770 and for the payment
of all damages and compensation, if any, awarded in any action or actions
brought pursuant hereof. If in connection with the establishment of a
pedestrian mall and concurrently with the proceedings taken pursuant to ORS
376.705 to 376.825, the legislative body proposes to improve the proposed
pedestrian mall and for that purpose uses ORS 223.005 to 223.105 and 223.205 to
223.930 or any similar special assessment law, the legislative body may combine
any part of the proceedings taken pursuant to ORS 376.705 to 376.825 with any
part of the proceedings taken under any such special assessment law, to the end
that duplication of ordinances, resolutions, notices, hearings and other acts
or proceedings may be avoided. [1961 c.666 §§35,36]

PENALTIES

376.990
Penalties.
(1) Operation of a motor vehicle by any person over a contract forest road in
violation of the contract provisions as to equipment, weight, width, length or
height, is a Class A misdemeanor. The definitions in ORS 376.310 apply to this
section.

(2)
Violation by any person of any of the provisions of ORS 376.305 to 376.390 is a
Class A misdemeanor. [Amended by 1971 c.743 §361; 2011 c.597 §187]